2020-09-17 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                              17 SEPTEMBER 2020


GENERAL COMMITTEE RECOMMENDATIONS
14 SEPTEMBER 2020 - Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic,
Amelia Lorentson, Clare Stewart, Brian Stockwell and Tom Wegener


1   132005.1133.13 - PLANNING & ENVIRONMENT COURT APPEAL NO 2097 OF 2020 -
    APPLICATION FOR A MINOR CHANGE TO DEVELOPMENT APPROVAL FOR 140
    MULTIPLE DWELLING UNITS & ASSOC FACILITIES - SHOP, RESTAURANT, MULTI-
    FUNCTION ROOM & GYM AT 75 RESORT DRIVE, NOOSA HEADS
    Cr Finzel declared a real conflict of interest in this matter (as defined in section 175D of the Local
    Government Act 2009) due to her relationship with Leigh McCready who is associated with the applicant
    Altum Constructions. Leigh McCready was involved with Cr Finzel’s 2020 Election campaign. Cr Finzel
    left the meeting room for the debate and decision on this matter.
    Cr Stewart declared a perceived conflict of interest in this matter (as defined in section 175D of the Local
    Government Act 2009) due to her friendship with the Applicants Rob and Leigh McCready of Altum
    Constructions. Cr Stewart left the meeting room for the debate and decision on this matter.
    Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
    Local Government Act 2009 as he advised that on 24 February 2020 this year he sought a review by
    the Independent Council Election Observer (ICEO) as to the public claims of the Future Noosa Team,
    of which Leigh McCready was publicly identified as a Campaign Manager. Leigh McCready is associated
    with the applicant, Altum Constructions. Cr Stockwell believed that he could consider this item impartially
    and in the public interest and requested to remain in the meeting room to participate in the debate and
    vote on this matter.
    Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
    consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Stockwell
    may participate in the meeting for the debate and vote on this matter or whether he must leave the
    meeting for the debate and vote on this matter.
    Committee Resolution
    Moved:              Cr Jurisevic
    Seconded:           Cr Wegener
    That Councillors note the perceived conflict of interest declaration of Cr Stockwell and resolve that this
    represents a perceived conflict of interest in this matter and Cr Stockwell may remain in the meeting
    room to participate in the debate and vote on this matter.
                                                                                     Carried unanimously.
    Cr Stockwell did not vote on the above motion.


    Committee Recommendation
    Moved:              Cr Jurisevic
    Seconded:           Cr Lorentson
    That Council note the report by the Manager Development Assessment to the Planning &
    Environment Committee Meeting dated 8 September 2020 regarding Planning & Environment
    Court Appeal 2097 of 2020 and agree to defend the appeal.
                                                                                     Carried unanimously.
    Cr Stockwell voted in favour of the motion.
    Crs. Finzel and Stewart returned to the meeting.




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